Immigration Assistance

Winthrop University Faculty and Staff Immigration Information

J-1 Visa

The J-1 visa can be used for temporary guest faculty or researcher for up to five years.  If a guest stays over 6-months they can not return on a J visa for 2 years. The USCIS form required for the J-1 visa are the DS-2019.  The fees associated with the J-1 visa are the SEVIS I-901 fee of $180 and the cost for the person to apply for the J-1 visa. 

The recommended Winthrop policy and relevant law as it applies to the J-1 program is for the International Center (IC) to produce the DS-2019 for the hiring department.  The hiring department to cover the $180 SEVIS fee.  If the J-1 is coming as part of a University-based exchange, then the IC will pay the SEVIS fee.

H1-B Visa

The H1-B "work" visa requires at least a Bachelor’s degree.   Universities are not subject to the numerical cap/quota, for either faculty or staff, which otherwise limits the number of H1B’s per year.   It requires:

1.  Obtaining a judgment of prevailing wage
2.  Posting Notice for 10 days of the filing  
3.  On-line filing for a Labor Condition application from DOL
4.  Filing I-129 and related attachments with required supporting documentation.  

This process can take 3-6 months, unless “expedited” for an additional $1000.

H-1B visas are valid for 3 years and can be extended once only for another 3 years, so it is available  for 6 years total. The application process for extension is the same as the initial petition except the $500 Fraud Detection Fee is not needed again.  The forms required for the H1-B application process are the -

1.  Prevailing Wage Application (no cost)
2.  On-Line LCA (no cost)
3.  I-129 ($320 fee)
4.  Fraud Fee ($500 fee)
5.  I-907 (optional $1,000 fee)

H-1B filings and extensions can be handled by the IC unless unusual circumstances arise and the hiring department will cover the expenses related to the filing.

Law requires that Winthrop pay the H-1B employee at least prevailing wages and cover the cost of return home if the employee is fired prior to the end of their contract.

The only exception regarding fees is if the employee desires “expedited” treatment and the University itself is not interested in expediting.   Then the employee should pay the $1000 fee to expedite.  This "premium processing" results in a decision within 2 weeks, rather than 3-6 months.

TN Visa

The TN visa is available only to citizens of Canada and Mexico for approved professions on the NAFTA list, which includes University professors.  For staff positions it depends on the particular job.  Both Canadian and Mexican citizens can be admitted to the United States in TN status in increments of up to 3 years. Extensions of stay may also be granted in increments of up to 3 years.  The TN visa is applied for by the beneficiary at the US/ Canadian or US/Mexican border with the persons diploma and an employment letter from Winthrop.  

The TN visa is used mainly because it is quick and convenient, especially for Canadians. The recommended Winthrop policy and relevant law as it applies to TN visa applicants is that those on TN visas should consider changing to H-1B if the intention is to stay more than a year or two.  Winthrop will reimburse the faculty for the visa fee associated with the TN visa.

The U.S. State Department provides extensive information on the Mexican and Canadian NAFTA Professional Worker or TN visa including cost of the visa and the qualifying requirements.

Permanent Residency or "Green Card"

The final status is Permanent Residency (or “green card”) status that changes the individual from “non-immigrant” to “immigrant” status; from temporary to permanent.   It is the first step towards citizenship.  Permanent residency never expires, but one must spend a certain number of months/year in the USA. To apply for Permanent Residency there are several forms that must be completed -

1.  PERM (no cost)
2.  I-140 ($475 fee)
3.  I-485 ($1,010 fee)
4.  Attorney (unknown/varies)

Permanent Residency is a personal decision and the burden is on the individual to process this application.  However, effective 7/16/2007: Winthrop must pay all advertising and attorney fees associated with the labor certification process. 

The preparation of the I-140 and I-485, including the fees and any attorney fees, are the responsibility of the green card applicant.